Source: National Employment Law Project

Virginia Executive Order 41 (2015) – Applies to State Employment

State employment applications in Virginia may no longer ask about an applicant’s criminal history. Executive Order 41 was signed by Governor Terry McAuliffe on April 3, 2015. This ban-the-box movement requires that state employment decisions are made based on only the criminal history of the individual. There are limitations here. Decisions may be made based on criminal history only if it is demonstratably applicable to the job and consistent with business necessity.

Commentary: Local organizations have worked to push this ban-the-box legislation through the House and Senate for several years. However, the bill stalled. It was at that point that groups and advocates called for executive action, to which the governor responded.

Virginia Resources

Virginia Ban the Box Executive Order
Executive Order 41 Release